14:00 - 15:30
Dr. Francis Julian, OP Jindal Global University (India)
Lectures, talks and seminars
Commercial Law Cluster series
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India, being a peninsular country with a vast sea coast and many ports, has been in Maritime Trade for several centuries in the past. However, the settlement of maritime disputes involving sea trade and shipping has been inherited from the British. Admiralty Jurisdiction to settle maritime disputes was vested on the three Chartered High Courts of Calcutta, Bombay and Madras by the Letters Patent issued by the then British Government in the year 1865. These Chartered High Courts were exercising jurisdiction to resolve maritime disputes on their Original Side. This continued even after India’s Independence in 1947 without many changes.
However, the resolution of maritime disputes through arbitration had its origin in the enactment of the Indian Arbitration Act, 1940. This Act had several limitations – mainly, it contained provisions which caused considerable delay in settlement of maritime disputes through Arbitration, including confirmation of awards by courts. Consequently, the Arbitration and Conciliation Act of 1996 was enacted by adapting the UNCITRAL Model Law with modifications. This Act made the proceedings to resolve maritime disputes through arbitration speedier and less formal. However, in view of the continued delay at the various stages of the arbitration proceedings, the Act was amended in 2015. Consequently, Maritime Arbitration in India is being governed by the 1996 Act along with its amendments.
In India, now Maritime Arbitration is conducted through ad hoc arbitrations and institutional arbitrations. The main arbitral institution is Indian Council of Arbitration (ICA) which has a panel of maritime arbitrators, who are mainly maritime lawyers and non-lawyers who are experts in shipping. ICA has framed Maritime Arbitration Rules which are the rules governing Maritime Arbitration proceedings through ICA. However, the Indian Courts continues to exercise supervisory jurisdiction over Maritime Arbitration proceedings. Maritime arbitral awards are either enforced or challenged in courts.
Dr. Julian’s seminar will focus on these matters.
The seminar will be chaired by Nikhil Gokani, University of Essex.
Dr. Francis Julian is a Senior Advocate whose areas of practice are primarily in Civil and Commercial litigation and in Maritime and Shipping Arbitration. He has been functioning as a Maritime Arbitrator on the Panel of Maritime Arbitrators in the Indian Council of Arbitration. Having a keen interest in academia, Dr. Julian is also an Adjunct Professor of Law, teaching Admiralty and Maritime Law and International Commercial Arbitration at the Jindal Global Law School of OP Jindal Global University, India, of which he is also one of the founding members and is also in the Governing Body, Board of Management and the Academic Council.
After completing his SJD in the Tulane University in the USA in 1985, Dr. Julian has been practising in the Supreme Court of India and the High Courts of India and was designated a Senior Advocate in 2006.
Dr. Julian was the Standing Counsel for the Food Corporation of India and is currently arguing counsel for the State Trading Corporation of India, mainly for Shipping and Maritime Arbitration, the Indian Port Association and a Resource Person for the Alternate Dispute Resolution, including arbitration, to the National Judicial Academy, Bhopal, conducting training programme for Judges.
He has also addressed several seminars and forums on the subject of Shipping, Maritime and Arbitration, among other subjects. He is currently writing a book on Admiralty and Maritime Law in India.
All welcome. Please register your attendance on Eventbrite.